in ESSENS, Oda; GERBRANDY, Anna; LAVRIJSSEN, Saskia (Eds.) National courts and the Standard of Review in Competition Law and Economic Regulation (2009)

The present article seeks to assess the degree of judicial scrutinity performed by French courts when reviewing decisions of National competition Authorities and National Regulatory Authorities in the ... [more ▼]

The present article seeks to assess the degree of judicial scrutinity performed by French courts when reviewing decisions of National competition Authorities and National Regulatory Authorities in the aftermath of the seminal ruling handed down by the European Court of Justice in Commission v. Tetra Laval [less ▲]

In this issue of the Revue belge de droit international, the issue of the relationships between domestic law and international law is discussed in 10 papers. The papers start from the situation in Belgium ... [more ▼]

In this issue of the Revue belge de droit international, the issue of the relationships between domestic law and international law is discussed in 10 papers. The papers start from the situation in Belgium. They discuss the issue from various angles, focussing on the position of the judge faced with contradictory norms of domestic and international law. [less ▲]

Economic reasoning is a distinctive feature of competition law. At first sight, it may appear as foreign to judges. A closer analysis, however, shows that there is no conflict of logic between economic ... [more ▼]

Economic reasoning is a distinctive feature of competition law. At first sight, it may appear as foreign to judges. A closer analysis, however, shows that there is no conflict of logic between economic and judicial reasoning. Some points of convergence between these modes of reasoning are underlined. In addition, it is submitted that obstacles to judicial acknowledgement of economic reasoning are purely relative. The proposed analysis then proceeds to investigate how economic reasoning may be incorporated into judicial methods. It is shown that this is achieved by way of ordinary mechanisms. Indeed judges may use economic analysis to determine the relevant facts and legal tests. It follows that judicial control over economic reasoning – including that of competition authorities – can be explained by a very general theory of judicial review, according to which the depth of judicial control over grounds of fact and law depends on the dynamics of litigants’ contentions. [less ▲]